Contesting a will is a sensitive and often emotional legal process. For individuals and families in Gillingham, understanding the legal grounds, procedures, and time limits involved is essential before taking action. Whether you believe a loved one’s will was made under undue influence or you were unfairly left out, it is crucial to approach the process with clear legal advice and solid understanding.
In this article, Marley Solicitors explains the legal process of contesting a will in the UK, with specific guidance tailored for clients based in Gillingham.
What does it mean to contest a will?
To contest a will means to legally challenge its validity or seek a greater share of the estate. It often arises when a person feels that the will does not reflect the true intentions of the deceased or that the law has not been followed correctly.
Common reasons for contesting a will include:
- Lack of mental capacity at the time the will was made
- Undue influence by another person
- Fraud or forgery
- Improper execution of the will
- Financial dependence on the deceased and inadequate provision under the will
Who can contest a will in the UK?
Not everyone has the legal standing to challenge a will. Under UK law, the following individuals may be eligible:
- Spouses or civil partners
- Children (including adult children)
- Former spouses or civil partners (if not remarried)
- Cohabitants who lived with the deceased for at least two years
- Anyone financially dependent on the deceased
- Individuals named in a previous will
- People promised something by the deceased, which was not fulfilled
Legal grounds for contesting a will
Understanding the basis for contesting a will is critical. The main legal grounds in the UK are:
Lack of testamentary capacity
The testator (the person who made the will) must have had mental capacity when creating the will. This means they understood the nature of making a will, the value of their estate, and the claims of those who might expect to benefit.
If someone was suffering from dementia or another cognitive condition, it may affect the will’s validity.
Undue influence
This occurs when someone pressures or coerces the testator into changing or making a will in their favour. It must be proven that the will does not reflect the true intentions of the testator.
Fraud or forgery
If a will was forged or altered fraudulently, it is not valid. Proving this usually requires strong evidence, such as handwriting analysis or witness testimony.
Improper execution
A will must meet formal requirements to be legally valid in the UK. These include:
- It must be in writing
- It must be signed by the testator
- It must be witnessed by two people present at the same time
Any failure in this process could make the will invalid.
Inheritance (Provision for Family and Dependants) Act 1975
Even if a will is valid, it may be possible to challenge it under the Inheritance Act 1975 if you were financially dependent on the deceased but not adequately provided for in the will. This is often the route taken by adult children, cohabitants or partners.
Time limits for contesting a will
Timing is crucial. Different types of claims have different deadlines:
- Inheritance Act claims – within 6 months of probate being granted
- Claims based on fraud or forgery – no time limit
- Claims involving lack of capacity or undue influence – ideally within 6 months of probate, though the court may allow later claims in some cases
To avoid missing these deadlines, it is important to seek legal advice as soon as possible.
The legal process of contesting a will
The process of contesting a will typically follows these steps:
Step 1: Seek legal advice
Before taking any action, speak to a solicitor experienced in contentious probate. At Marley Solicitors in Gillingham, we provide initial advice to help you assess the strength of your claim and the best route forward.
Step 2: Enter a caveat
A caveat is a legal notice filed at the Probate Registry that prevents the grant of probate. This gives you time to investigate the claim and prevents the estate from being distributed too quickly.
A caveat lasts for 6 months and can be renewed. It stops probate until the dispute is resolved or withdrawn.
Step 3: Gather evidence
You will need to collect relevant documentation and evidence to support your case. This may include:
- The will itself
- Medical records of the deceased
- Witness statements
- Letters, emails, or other written communications
- Financial records
Step 4: Attempt mediation or settlement
Many disputes are resolved through negotiation or mediation rather than going to court. Settling early can save time, legal costs, and emotional distress.
Your solicitor can guide you through these discussions and represent your interests during the process.
Step 5: Proceed to court (if needed)
If a settlement cannot be reached, the case may proceed to court. A judge will consider all evidence and decide whether the will is valid or should be changed.
Court proceedings can be lengthy and expensive, so they are usually seen as a last resort.
What happens if the will is found to be invalid?
If the court declares a will invalid, one of the following outcomes may apply:
- A previous valid will is reinstated
- If no previous will exists, the estate is distributed under the rules of intestacy
Under intestacy rules, only certain family members are entitled to inherit. This may not reflect the wishes of the deceased, which is why it is important to prepare valid wills and seek legal advice when contesting them.
Can you contest a will after probate is granted?
Yes, but it becomes more complicated. Once probate is granted, the estate can begin to be distributed. If assets have already been passed on to beneficiaries, it can be difficult to recover them.
Acting quickly is critical to improving your chances of success and minimising the risk of irreversible distribution.
The importance of local legal support in Gillingham
Contesting a will is not just about understanding the law – it’s about having the right support. At Marley Solicitors, we have deep experience helping clients in Gillingham navigate complex probate disputes with compassion and clarity.
We offer:
- Local knowledge of court systems and procedures
- Personalised guidance tailored to your circumstances
- Cost-effective dispute resolution strategies
- Transparent advice on your legal position
Final thoughts on contesting a will in the UK
Contesting a will can be legally challenging and emotionally draining. Whether you are based in Gillingham or the surrounding area, the key to a successful outcome is acting quickly, gathering evidence early, and seeking expert legal advice.
If you believe you have a valid reason to contest a will, Marley Solicitors is here to help. Our probate dispute team in Gillingham offers clear, practical support at every stage of the process.
